Effective and ineffective communication in mediation

Effective and ineffective communication in mediation
INTRODUCTION
 The mediation procedure in India is not a recently created technique for dispute redressal, it is an age-old
process since vedic period.
 It is useful for both sides - the courts are being somewhat less burdened with cases, and the parties are
getting their issue settled rapidly with fewer problems and in a smoother way.
 For a successful mediation ,communication is the core of mediation. Hence, effective communication
between all the participants is necessary for the amicability of mediation.
WHAT IS COMMUNICATION IN MEDIATION
 Communication is not just talking and listening.
 Communication is a process of information transmission.
 The intention of communication is to convey a message.
 Communication is initiated by a thought or feeling or idea or emotion which is transformed into words,
gestures, acts, expressions. Then, it is converted into a message.
 This message is transmitted to the receiver. The receiver understands the message by assigning reasons and
attributing thoughts, feelings/ideas to the message.
 Consequently, a communication would involve :-
A Sender - person who sends a message.
A Receiver - person who receives the message.
Channel - the medium through which a message is transmitted which could be words or gestures or
expressions.
Message-thoughts/feelings/ideas/emotions/knowledge/information that is sought to be communicated.
Encoding - transforming message/ information into a form that can be sent to the receiver to be decoded
correctly.
Decoding - understanding the message or information. Response - answer/reply to a communicated
message.
 Communication is a crucial aspect in our everyday lives. But it assumes a greater role in resolving disputes.
 Communication can either make our argument strong or make it vulnerable to outside influence.
 Communication is as important in ADR as food is for our body.
 Just like we won’t be able to survive without food for long, similarly without communication, disputes
cannot be resolved or even heard till the judgment day.
How can we deal with disputes by means of ADR?
 One of the most important elements of this is Communication.
 It refers to way in which we express ourselves, our thoughts and emotions to the other party by way of
speaking, writing, non-verbal techniques etc.
But why is communication necessary?
 It is necessary because unless and until we do not communicate to the other party, there will be higher
chances of someone being sued.
What are the different ways of communication?
1. Verbal
2. Non-verbal
3. Written
4. Listening
5. Visual communication
Effective Communication Techniques:
1. Active Listening:
2. Empathy:
3. Clarity and Conciseness:
4. Non-Verbal Communication:
5. Respectful Language:
6. Seeking Understanding:
7. Problem-Solving Approach:
8. Summarizing:
1. Active Listening:
 Listen carefully to what the other person is saying.
 Show you're listening by nodding and responding appropriately.
 Example: "I understand you're upset because your needs haven't been met. Is that right?"
2. Empathy:
 Try to understand the other person's feelings and point of view.
 Show empathy by acknowledging their emotions.
 Example: "I see this situation has been tough for you. It must be hard to deal with."
3. Clarity and Conciseness:
 Be clear and to the point when expressing yourself.
 Avoid using complicated language or beating around the bush.
 Example: "Let's try a different approach since our current one isn't working."
4. Non-Verbal Communication:
 Pay attention to your body language.
 Maintain eye contact and use open gestures.
 Example: Nodding while the other person speaks to show you're engaged.
5. Respectful Language:
 Use polite language even if you disagree.
 Avoid insults or disrespectful remarks.
 Example: "I appreciate your opinion, but I see it differently."
6. Seeking Understanding:
 Ask questions to clarify and understand the other person's perspective.
 Example: "Can you explain why this is important to you?"
7. Problem-Solving Approach:
 Focus on finding solutions instead of dwelling on past issues.
 Example: "Let's work together to find a solution that benefits both of us."
8. Summarizing:
 Summarize key points to ensure mutual understanding.
 Example: "So, we agree on X, but we need to discuss Y further. Is that correct?"
Ineffective Communication Techniques:
1. Interrupting:
2. Closed-mindedness:
3. Defensive Behaviour:
4. Emotional Outbursts:
5. Assuming Intentions:
6. Ignoring Non-Verbal Cues:
7. Blaming and Accusations:
8. Lack of Empathy:
1. Interrupting:
 Don't interrupt the other person when they're speaking.
 Wait for them to finish before responding.
 Example: Allowing the other person to complete their sentence before speaking.
2. Closed-mindedness:
 Be open to considering the other person's perspective.
 Avoid being stubborn or unwilling to compromise.
 Example: Saying, "I'm willing to listen and understand your point of view."
3. Defensive Behaviour:
 Don't become defensive or hostile.
 Acknowledge the other person's concerns without being defensive.
 Example: "I hear your concerns, and I'm open to finding a resolution."
4. Emotional Outbursts:
 Avoid letting your emotions control the conversation.
 Take a moment to calm down if you feel yourself getting emotional.
 Example: Taking a deep breath before responding to avoid reacting emotionally.
5. Assuming Intentions:
 Don't assume you know what the other person is thinking.
 Ask for clarification instead of making assumptions.
 Example: Saying, "Can you explain why you did that? I'm trying to understand."
6. Ignoring Non-Verbal Cues:
 Pay attention to the other person's body language and tone of voice.
 Don't ignore non-verbal cues as they can convey important information.
 Example: Noticing the other person's crossed arms and asking if they're uncomfortable.
7. Blaming and Accusations:
 Avoid blaming the other person for the conflict.
 Focus on finding solutions instead of assigning blame.
 Example: Saying, "Let's focus on how we can move forward instead of dwelling on the past."
8. Lack of Empathy:
 Show empathy towards the other person's feelings.
 Don't dismiss or invalidate their emotions.
 Example: Saying, "I understand this is difficult for you, and I'm here to help."
Conclusion
These communication techniques can greatly impact the outcome of a mediation process. By employing effective
communication strategies and avoiding ineffective ones, parties can work towards resolving conflicts amicably and
reaching mutually beneficial agreements.

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